The term ‘Transgender’ is taken with a sense of shame in our society, as they’re not even a part of your society, the society where we live. Transgenders are seen in stereotypical gender norms that are not even relevant in most cases. It is a blunder within our society that we have failed to accept their gender identity. And because of all this, they have you go through various forms of discrimination. To protect them from any kind of discrimination, there are several rights in our respected constitution of India. There are rights regarding equality and respect towards the transgender community. But the real fact is that the majority of the community is utterly ignorant of all sorts of rights and facts. In this article, we will discuss in brief some of those rights.
Right to Equality
Article 14 of the Indian constitution deals with Equality before the law or equal protection before the law within the territory of India. Article 14 falls within the expression “person” which includes the male, female, and any other third gender within its ambit so the transgenders are also entitled to legal protection under the Indian constitution in all the spheres of state activity.
Right to equal protection of the law
Article 15 deals with the eradication of discrimination on the ground of religion, race, caste, and sex. It includes the third gender under its ambit as being the citizens they have the right not to be discriminated against on the ground of their religion, caste, race, and sex. They have the right to protect their gender expression which is majorly reflected through their dresses, action, and behavior.
Right to equality of opportunity in the matters of public employment
Article 16 deals with equality of opportunity in the matters of public employment as this article are used to broaden the concept of sex which includes “Psychological Sex” and gender identity within its ambit. The transgender being the citizens of India has the right to employment and equal opportunity in matters of employment and they should not be discriminated against based on their sexual orientation.
Right to Healthcare
Healthcare isn’t only restricted to the term health. The health care services for a transgender person are much more than the medical procedure involved in transition but health refers to an overall state of complete physical, mental and social wellbeing. Health care also refers to a range of primary and other health care services which includes employment, housing, and public acceptance of transgender people. Mental health is a huge part of health care which can only be achieved in a peaceful and respectful environment. Transgender people normally suffer from a lot of hindrances, barriers, and substantial health disparities to appropriate health care services ages. That had made them suffer from depression, attempting suicide, violence and harassment, and even HIV. To provide them protection and help them to lead a happy life The Transgender Person (Protection of Rights) Act, 2019 states that government should take proper steps to provide health care facilities to transgender people.
Right to Education
The education of a transgender person is equally important as the education of a male or a female. But the social stigma that a transgender goes through simply breaks their interest and focus towards their learning something. Consequently, they develop a feeling of being avoided, ignored, and even disgraced by society. Transgender students are often denied to be admitted in an educational institution as the educational institution does not recognize their gender identities. They get shown a strong sense of censure. To protect their right, The Transgender Person (Protection of Rights) Act, 2019 provides that educational institution that is funded or recognized by the government shall provide education, recreational facilities, and sports for transgender person without discrimination.
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Didn’t know much about the transgender rights. I can only say that everyone should be able to have their share of rights.
it is really sad that our community behave in a judgemental manner towards transgender . it is great that your system and government rules are supporting them. these legal rights help them to live a respectful life.
They deserve equal space and respect in society and these laws are proof of it. Thanks for sharing such valuable information.
It’s a very good initiative from the government of India. These people face so much humiliation from individuals and the society as well. These rights will atleast help them get educated and then employed. Besides all these, we the people need to be more sensitive to them.
Indeed our society’s failure to accept their gender identity is a blunder. Because society has refused to accept their gender identity, they have faced discrimination, social oppression, and physical violence. I’m glad you shared your knowledge of transgender rights in India, as many people are unaware of these rights.
This is a really important post, it is so necessary that the transgenders themselves and also others are aware of what their right in our country are, and how they are on par with any other citizen.
Talking about transgender rights is considered taboo in our society even today. I’m glad you listed those rights here to make people understand that transgenders are also human like us.
I’m so happy that you talked about the legal rights of transgenders. People often judge them but the truth is that they have equality in the eyes of law. We must realise it too.
There are many misconceptions & pre-conceived notions prevalent in society about the transgender community. I am glad that you have formed an article for one to know the legal rights of this community. Right to equal protection is a must.
I am so glad that many of us are talking about the transgenders and their legal rights. This is so good to know and I think the more of us know, more of us can stand up for them and its high time we start doing it.
Transgenders have the right to live their lives normally like all other people. They need to be aware of their rights and thus your post is truly commendable.
Thank you guys for liking my post and commenting on it.